RAJASTHAN HIGH COURT ISSUES NOTICE ON EXTENSION OF REAL ESTATE PROJECT TIMELINES FOR COMPLETION

Before signing such document, an agreement between you, old and new devloper must be signed where whatever terms and conditions has been mentioned in the previous devlopment agreement must be abided by the new devloper. or you can cancel the previous devlopment agreement and then enter into new devlopment agreement with the new devloper. I would advise you not sign any unconditional consent first you need to check that how the new devloper is planning to approach the construction.

Dear Sir Please approach the following authority or similar authority in a state The Office Commissioner of Labour Karmika Bhavan, Dairy Circle, Bannerghatta Road, Bangalore-29. 080-29753078 [email protected] Addresses of Labor Inspectors in Bengaluru in different locations https://karmikaspandana.karnataka.gov.in/page/Contact+Us/Labour+Inspector/en ======================================================================= Section 12 in The Industrial Disputes Act, 1947 12. Duties of conciliation officers.- (relevant section 12(2) of ID Act) (1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner. (2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute. (3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute. (4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at. (5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor. (6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]

Dear Client, In the given situation, when the housing complex is a registered project of RERA, then serving a legal notice to the Builder, file a complaint individually or collectively with other buyers who are equally affected by such deficiency against the Builder under Sec.31 of the Real Estate (Regulatory and Development) Act, 2016 before the Adjudicating Officer claiming compensation for the deficiency and delay in construction. Or else you can file a complaint against the Builder for deficiency in service and unfair trade practice before the Consumer Court under Sec.35 of the Consumer Protection Act, 2019 claiming compensation for harassment and cost of litigation and/or file a civil suit for specific performance against the Builder/Developer before a Civil Court for appropriate relief in the matter. The complaint should be filed before the Consumer Court within two years from the date of the cause of action, It may be noted that you cannot raise your complaint/claim simultaneously before the Consumer Court and RERA for the same cause of action at a time. Reach out to an experienced Advocate handling Consumer cases and RERA cases for guidance and steps.

If you were permitted properly by the Department then there should not be worry for any reason. Department would be restrained from taking any action due to doctrine of estoppel. Still u can contact through Vidhikarya for further elaboration as no complete n clear advice is encouraged at this juncture.

Dear Sir, Without looking into all the records it is not possible to give exact legal advise. However such stay applications may not be considered and High Court may insist for disposal of the case immediately since it is pending for long time. Rate me Five Star*